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2025 DAILYLAW 2681 (ALL)

SULTAN ALIAS RAJU v. STATE OF U.P. THRU. HOME SECREATARY ( MINISTRY OF HOME )

BAIL/37893/2025 · 2026-05-13

Jai Prakash Tiwari

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 37893 of 2025 Court No. - 70 HON'BLE JAI PRAKASH TIWARI, J. 1. Heard learned counsel for the applicant and learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 39 of 2025, under Sections 2B(1)(viii)(xi), 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Kotwali, District- Gorakhpur, during pendency of the trial in the court below. 3. Applicant was made accused in the present case on the basis of solitary case shown against him in the gang chart. 4. Learned counsel for the applicant submitted that on the basis of solitary case shown in the gang chart, applicant has been made accused in the present matter. He further submitted that applicant is neither member nor leader of any gang and he never indulged in any anti-social activity and in the solitary case shown in the gang chart, he has already been released on bail. 5. He further submitted that apart from the solitary case shown in the gang chart, applicant is having criminal history of 41 cases and entire criminal history of the applicant has been explained in the affidavit and supplementary affidavit filed in support of the instant bail application and in the present matter, he is in jail since 03.11.2025. He further submits that co- accused Tabrez, Ramraksha Yadav @ Teju and Adarsh Mishra Alias Versus Counsel for Applicant(s) : Dheerendra Kumar, Karma Singh Yadav, Pawan Kumar Vishwakarma Counsel for Opposite Party(s) : G.A. Sultan Alias Raju .....Applicant(s) State Of U.P. Thru. Home Secreatary ( Ministry Of Home ) .....Opposite Party(s) Salonay have been released on bail by co-ordinate Bench(s) of this Court and their bail orders have been appended at page nos. 98, 100 and 102 respectively of the instant bail application. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the factual arguments advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, and submissions of learned counsel for the parties; without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial. 9. Let applicant, Sultan Alias Raju be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:- i. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release. ii. He will not tamper with the witnesses. iii. He will not indulge in any illegal activities during the bail period. 10. It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted. 11. In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail. May 14, 2026 KK Patel BAIL No. 37893 of 2025 2 (Jai Prakash Tiwari,J.) Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad